Civil Code

Question 0

Article 2: Effectivity of Laws

Answer 0

After 15 days following publication:
Official Gazette OR newspaper of general circulation in the country

Unless otherwise provided

CC take effect 1 year after publication

1950 Civil Code took effect on August 30, 1950

Question 1

Article 1: Civil Code

Answer 1

This act shall be known as the Civil Code of the Philippines.

Question 2

Article 3: Ignorance

Answer 2

Ignorance of the law excuses no one from compliance therewith.

Question 3

Article 4: Retroactivity

Answer 3

Laws shall have no retroactive effect

UNLESS the contrary is provided

Question 4

Article 5: Mandatory/Prohibitory Laws

Answer 4

Acts against mandatory or prohibitory laws = VOID

EXCEPT when law authorizes validity

Question 5

Article 6: Waiving of Rights

Answer 5

May be waived

UNLESS contrary to:
Law
Public Policy
Morals
Good customs
Prejudicial to 3rd person with a right recognized by law

Question 6

Article 7: Repeal/Void Laws

Answer 6

Repealed only by subsequent ones
Violation/Non-observance – not excused by:
Disuse or customs or practice to contrary

Courts declare inconsistent with Consti
Former VOID
Latter GOVERN

Admin/Exec Acts, Orders and Regulations
Valid ONLY when not contrary to law/Consti

Question 7

Article 8: Judicial Decisions

Answer 7

Judicial decisions applying/interpreting
Laws/Consti
Form part of
Legal system of the Philippines

Question 8

Article 9: Court Decline

Answer 8

No judge or court
Shall decline
Render judgment by reason of:
Silence
Obscurity
Insufficiency of laws

Question 9

Article 10: Doubt in interpretation

Answer 9

In case of doubt in interpretation and application
Presumed
Lawmaking body intended
Right and justice to PREVAIL

Question 10

Article 11: Customs contrary

Answer 10

Customs contrary to:
Law
Public order
Public policy
NOT be countenanced